·case ():14-cv-60830-DMM Document 1 Entered on FLSD Docket 04/08/2014 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`
`LEON ST AMBLER,
`
`Plaintiff,
`
`v.
`
`MASTERCARD IN CORPORA TED (d/b/a
`MASTERCARD WORLDWIDE) and
`MASTERCARD INTERNATIONAL
`IN CORPORA TED,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION NO. - - -
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF'S ORIGINAL COMPLAINT
`
`Plaintiff LEON ST AMBLER files this Original Complaint against the above-named
`
`Defendants, alleging as follows:
`
`I. THE PARTIES
`
`1.
`
`Plaintiff LEON STAMBLER ("Stambler") is an individual residing in Parkland,
`
`Florida.
`
`2.
`
`Defendant MASTERCARD INCORPORATED (d/b/a MasterCard Worldwide) is
`
`a Delaware corporation with its principal place of business in Purchase, New York. This
`
`Defendant may be served with process through its registered agent, The Corporation Trust
`
`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
`
`3.
`
`Defendant MASTERCARD
`
`INTERNATIONAL
`
`INCORPORATED 1s a
`
`Delaware corporation with its principal place of business in Purchase, New York. This
`
`Defendant may be served with process through its registered agent, The Corporation Trust
`
`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
`
`MasterCard, Exh. 1002, p. 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`
`LEON ST AMBLER,
`
`Plaintiff,
`
`v.
`
`MASTERCARD IN CORPORA TED (d/b/a
`MASTERCARD WORLDWIDE) and
`MASTERCARD INTERNATIONAL
`IN CORPORA TED,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION NO. - - -
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF'S ORIGINAL COMPLAINT
`
`Plaintiff LEON ST AMBLER files this Original Complaint against the above-named
`
`Defendants, alleging as follows:
`
`I. THE PARTIES
`
`1.
`
`Plaintiff LEON STAMBLER ("Stambler") is an individual residing in Parkland,
`
`Florida.
`
`2.
`
`Defendant MASTERCARD INCORPORATED (d/b/a MasterCard Worldwide) is
`
`a Delaware corporation with its principal place of business in Purchase, New York. This
`
`Defendant may be served with process through its registered agent, The Corporation Trust
`
`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
`
`3.
`
`Defendant MASTERCARD
`
`INTERNATIONAL
`
`INCORPORATED 1s a
`
`Delaware corporation with its principal place of business in Purchase, New York. This
`
`Defendant may be served with process through its registered agent, The Corporation Trust
`
`Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
`
`MasterCard, Exh. 1002, p. 1
`
`
`
`Case 0:14-cv-60830-DMM Document 1 Entered on FLSD Docket 04/08/2014 Page 2 of 4.
`
`II. JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under 35 U.S.C. §§ 271, 281, and
`
`284-285, among others. This Court has subject matter jurisdiction of this action under Title 28
`
`U.S.C. §1331 and §1338(a).
`
`5.
`
`The Court has general and specific personal jurisdiction over Defendants, and
`
`venue is proper pursuant to 28 U.S.C. §§ 1391 and 1400(b). On information and belief, (i)
`
`Defendants have substantial contacts with the forum as a result of pervasive business activities
`
`conducted within the State of Florida and within this District; (ii) Defendants regularly solicit
`
`business in Florida and in this District, and derive substantial revenue from products, systems,
`
`and/or services provided to individuals or entities residing in Florida and in this District; (iii)
`
`Defendants provide secure funds transfer services to and/or engage in the infringing encrypted
`
`communications directly with customers in this District; and (iv) Defendants conduct business
`
`relating to secure funds transfer services in Florida and in this District.
`
`III. PATENT INFRINGEMENT OF U.S. PATENT NO. 5.793,302
`
`6.
`
`On August 11, 1998, United States Patent No. 5,793,302 ("the '302 patent") was
`
`duly and legally issued for a "Method for Securing Information Relevant to a Transaction." A
`
`true and correct copy of the '302 patent is attached hereto as Exhibit A.
`
`7.
`
`Stambler is the inventor and owner of all rights, title, and interest in and to the
`
`'302 patent, and Stambler possesses all rights of recovery under it.
`
`8.
`
`Defendants MASTERCARD
`
`INCORPORATED
`
`(d/b/a MASTERCARD
`
`WORLDWIDE) and MASTERCARD INTERNATIONAL INCORPORATED ("MasterCard")
`
`have infringed claimed methods of the '302 patent.
`
`2
`
`MasterCard, Exh. 1002, p. 2
`
`
`
`·case 6:14-cv-60830-DMM Document 1 Entered on FLSD Docket 04/08/2014 Page 3 of 4
`
`9.
`
`Upon information and belief, MasterCard has directly infringed claims of the '302
`
`patent, including (for example) at least (i) claims 51 and 56 of the '302 patent by performing
`
`secure funds transaction services in an infringing manner, including accepting and processing
`
`funds transfers initiated using MasterCard's clearing and settlement products and/or services;
`
`and (ii) claims 7 and 8 of the '302 patent by engaging in encrypted communications (e.g, SSL
`
`and/or TLS messages exchanged in connection with MasterCard SecureCode ).
`
`10.
`
`Stambler has been damaged as a result of MasterCard's infringing conduct.
`
`MasterCard is, thus, liable to Stambler in an amount that adequately compensates him for its
`
`infringements, which, by law, cannot be less than a reasonable royalty, together with interest and
`
`costs as fixed by this Court under 35 U.S.C. § 284.
`
`IV. JURY DEMAND
`
`Stambler hereby requests a trial by jury pursuant to Rule 38 ofthe Federal Rules of Civil
`
`Procedure.
`
`V. PRAYER FOR RELIEF
`
`Stambler requests that the Court find in his favor and against Defendants, and that the
`
`Court grant Stambler the following relief:
`
`a.
`
`b.
`
`c.
`
`d.
`
`Judgment that one or more claims of United States Patent No. 5,793,302 have
`been infringed, either literally and/or under the doctrine of equivalents, by
`Defendants;
`
`Judgment that Defendants account for and pay to Stambler all damages to and
`costs incurred by Stambler because of Defendants' infringing activities and other
`conduct complained of herein;
`
`That Stambler be granted pre-judgment and post judgment interest on the
`damages caused by Defendants'
`infringing activities and other conduct
`complained of herein;
`
`That the Court declare this an exceptional case and award Stambler his reasonable
`attorney's fees and costs in accordance with 35 U.S.C. § 285; and.·
`
`3
`
`MasterCard, Exh. 1002, p. 3
`
`
`
`Case 0:14-cv-60830-DMM Document 1 Entered on FLSD Docket 04/08/2014 Page 4 of 4 .
`
`e.
`
`That Stambler be granted such other and further relief as the Court may deem just
`and proper under the circumstances.
`
`Dated: April 8, 2014.
`
`Respectfully submitted,
`
`Is! Joshua B. Spector
`Joshua B. Spector (FBN 0584142)
`Perlman, Bajandas, Yevoli & Albright, PL
`1000 Brickell A venue, Suite 600
`Miami, FL 33131
`Telephone: (305) 377-0086
`Facsimile: (305) 377-0781
`jspector@pbyalaw.com
`
`Edward R. Nelson, III
`Texas State Bar No. 00797142
`Barry J. Bumgardner
`Texas State Bar No. 00793424
`NELSON BUMGARDNER CASTO, P.C.
`3131 West 7th Street, Suite 300
`Fort Worth, Texas 76107
`(817) 377-9111
`(817) 377-3485 (fax)
`enelson@nbclaw.net
`barry@nbclaw.net
`Motion
`for Admission, Pro Hac Vice
`forthcoming
`
`ATTORNEYS FOR PLAINTIFF
`LEON STAMBLER
`
`4
`
`MasterCard, Exh. 1002, p. 4
`
`
`
`Case 0:14-cv-60830-DMM Document 1-5 Entered on FLSD Docket 04/08/2014 Page 1 of 1,,
`
`AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`for the Southern District of Florida
`on the following
`filed in the U.S. District Court
`~Trademarks or D Patents.
`( D the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`DATE FILED
`
`PLAINTIFF
`
`LEON STAMBLER
`
`U.S. DISTRICT COURT
`for the Southern District of Florida
`DEFENDANT
`
`MASTERCARD INCORPORATED {d/b/a MASTERCARD
`WORLDWIDE) and MASTERCARD INTERNATIONAL
`INCORPORATED
`
`PATENTOR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,793,302
`
`8/11/1998
`
`"Method for Securing Information Relevant to a Transaction"
`
`2
`
`3
`
`4
`
`5
`
`In the above-entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENTOR
`TRADEMARK NO.
`
`INCLUDED BY
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`D Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above-entitled case, the following decision has been rendered or judgement issued:
`
`IDECISION/JUDGEMENT
`
`I (BY) DEPUTY CLERK
`
`Copy 1-Upon initiation of action, mail this copy to Director Copy 3-Upon termination of action, mail this copy to Director
`Copy 2-Upon filing document adding patent(s), mail this copy to Director Copy 4-Case .file copy
`
`MasterCard, Exh. 1002, p. 5
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